Law Summary
Responsibility for Maintenance of Municipal Prisoners
- All municipal prisoners to be maintained by the city or municipality where the offense occurred unless otherwise provided.
Definition and Classification of Provincial Prisoners
- Persons detained pending preliminary investigation or trial before Court of First Instance.
- Persons sentenced by courts of original jurisdiction to arresto mayor, presidio correctional, or imprisonment not exceeding one year, or fines not exceeding 500 pesos, including those subject to subsidiary imprisonment (subject to section 7 for status change).
- Persons sentenced to imprisonment exceeding 30 days but not over one year.
Responsibility for Maintenance of Provincial Prisoners
- Provinces are responsible for maintaining provincial prisoners unless otherwise provided.
Definition and Classification of Insular Prisoners
- Prisoners not classified as municipal or provincial prisoners.
- Persons sentenced for violations of immigration, Chinese exclusion, customs and navigation laws, or exportation of silver coins law, regardless of sentence.
Maintenance of Insular Prisoners
- Maintained from Bureau of Prisons appropriations except for provincial prisoners with less than one year to serve (accounting for good conduct allowances), who are not transferred to Insular status.
Change of Prisoner Status Upon Appeal
- Prisoner’s status remains unchanged pending appeal.
- Upon decision by a higher court altering sentence, responsibility for maintenance shifts from date of judgment forward, not retroactively.
Transportation Expenses of Prisoners
- Municipality pays for transportation, guarding, and subsistence of prisoners from municipal to provincial jails, excluding Constabulary escorts.
- Province pays for transportation from provincial jails to Insular institutions, excluding Constabulary escorts.
- Return of discharged Insular prisoners to homes paid by Bureau of Prisons.
Governance and Transfer of Insular Penal Institutions
- Governor-General authorized to designate and establish Insular penal institutions.
- May transfer Insular prisoners between institutions with transportation expenses paid by Bureau of Prisons; Constabulary escort costs borne by Bureau of Constabulary.
Prison Labor Regulations
- Able-bodied male prisoners may be compelled to work on public works and prisons, except persons over 60 years old.
- Appeals prisoners may be compelled to perform cell policing for hygienic reasons.
- Female prisoners assigned work suitable to sex and physical condition.
External Assignment of Prison Labor
- Governor-General may detail Insular prisoners to work on any public works in the Islands.
- Terms and conditions fixed by Secretary of Public Instruction.
Confinement of Municipal Prisoners in Provincial Jails
- Provincial boards, with Governor-General approval, may confine municipal prisoners in provincial jails due to inadequacy of municipal jails.
- Maintenance costs charged to the municipality at a rate set by the provincial board.
Transfer of Prisoners Due to Unsanitary or Insecure Conditions
- Governor-General may order transfer of prisoners to Insular prisons for health, security, or public interest.
- Transfers can include prisoners awaiting trial or serving sentences.
- Transfer orders and commitment must accompany prisoners.
Bail and Release of Transferred Prisoners
- Bail proceedings continue before the court with jurisdiction over the case.
- Prisoner released on bail may be returned to the province at the Insular Government’s cost.
Expenses of Transferred Prisoners
- Provinces bear expenses of prisoners transferred to Insular institutions or returned for trial.
- Expenses fixed by Secretary of Public Instruction with Governor-General approval.
Special Consideration for the City of Manila
- Manila considered both a province and a municipality for the purposes of this Act.
Continuity of Existing Provisions
- The Act does not alter provisions allowing provinces without jails to detain prisoners in other provinces, nor provisions relating to fugitives from justice.
Effect of Other Acts on Prisoners’ Status
- Laws on conditional pardons, paroles, and diminution for good behavior do not change prisoner classification or maintenance responsibility.
Cost Calculation for Prisoners in Insular Penal Institutions
- Costs of guarding and maintaining prisoners in Bilibid Prison or other institutions charged to provinces, municipalities, or Manila.
- Cost per capita calculated after deducting manufacturing receipts.
- Separate accounting books kept for transparency.
Transfer of Minor Prisoners
- Minors under 16 (males) or 18 (females) may be transferred from Bilibid or provincial jails to specific institutions by executive order.
- Consideration for religion of minor and family required before transfer.
- Minors may be retransferred to original jail by executive order.
- Transportation and subsistence expenses borne by province if minor is provincial prisoner, or from Bureau of Prisons if Insular prisoner.
Supervision of Institutions for Minors
- Institutions for minors adopt rules for safe custody, instruction, and training.
- Supervised and controlled by Secretary of Public Instruction.
Repeal of Inconsistent Laws
- Certain prior acts and inconsistent provisions repealed.
Expedited Enactment
- The Act’s passage was expedited due to public interest.
Effectivity
- The Act took effect immediately upon passage.